660. Remedy in case of groundless threats of legal proceedings
Where any person claiming to be the patentee of an invention, by circulars, advertisements, or otherwise threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the patent, any person aggrieved thereby may bring an action against him or her, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as he or she has sustained thereby, if the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats:
Provided that this article shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his or her patent.